DHS plan would require certain employment visa holders to leave the country immediately unless they have another legal basis to stay
The US Department of Homeland Security (DHS) has proposed ending the discretionary 60-day grace period currently available to certain foreign workers and their dependants after their employment ends.
The proposal, published on 11 September 2026, would affect holders of several employment-based non-immigrant visas, including H-1B, L-1, O-1, E-1, E-2, E-3, H-1B1 and TN categories.
Under the proposed rule, affected workers would generally be required to leave the United States immediately when the employment or qualifying activity supporting their immigration status expires or is terminated. They could remain only if they had another legal authorisation to stay.
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The proposal has significant implications for skilled foreign workers who lose their jobs
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The existing grace period, introduced in 2017, gives eligible individuals time to seek new employment, change their immigration status or explore other legal immigration options
If adopted, the new framework would reverse that flexibility and restore rules broadly similar to those in place before 2017. Workers could face greater pressure to secure alternative immigration arrangements promptly following the loss of employment.
DHS said the proposed change would restore a direct connection between a foreign national’s immigration status and the employment or activity on which their admission was based. The department also said it would reduce administrative burdens.
However, the proposal is not yet in effect. DHS is inviting public comments for 60 days, with submissions open until 10 November 2026.
The department will review the feedback before deciding whether to issue a final rule. Until then, the existing grace-period provisions remain in place for eligible workers.
The development is likely to be closely watched by employers, immigration advisers and foreign professionals whose ability to remain in the US depends on employment-based visa status.
